Terms of Service and Conditions of Sale
Welcome to www.fairestcreature.com, the website for W.H.Y. Cellars, LLC (“Winery”). The terms “Winery” “the Site,” “us” or “we” refer to the owner of this Site (as defined below), this Site, our mobile apps, and our Social Media Sites. The terms “you,” “your” or “customer” refer to the user or viewer of this website.
General Terms and Conditions
By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Winery reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
The content of the pages of this Site is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree that Winery and its licensors may make improvements and/or changes in the website content and services or events described in this website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site may not be legal by certain persons or in certain countries. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Winery to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Winery in writing. The Terms and Conditions, along with the Privacy Policies available here, comprises the entire agreement between you and Winery and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms and Conditions are personal to you and you may not transfer, assign, or delegate these Terms and Conditions to anyone without the express written permission of Winery. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of Winery shall be null and void. These Terms and Conditions will inure to the benefit of Winery, its successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Winery’s trademarks, including without limitation, graphics, logos, page headers, button icons, scripts, and service names, are trademarks, or trade dress of Winery in the U.S. and/or other countries. Winery’s trademarks and trade dress may not be used in connection with any product or service that is not Winery’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Winery. All other trademarks not owned by Winery that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Winery. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense. From time to time, this Site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
The Sale of Alcoholic Beverages
Winery does not sell alcohol to persons under the age of 21 and makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this Site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from Winery is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from Winery is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this Site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Winery shall have the right to take action against you or seek indemnification from you for any suit to which Winery may be subject to the full extent allowable by law. As required by the Communications Decency Act of 1996, Winery hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
Credit Card Charges
Orders are by credit card only. We accept Visa, MasterCard, and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement. The billing address will be the address where your order will be shipped. If you wish to ship to an address different than your billing address, please provide this information at the time of your order.
Errors and Omissions
Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, Winery shall be held harmless for any such errors. In all cases, the customer will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order (if possible).
Sales and Shipping
All orders are processed at, and shipped from, California. We ship by ground and air using FedEx and GSO (where available) and our shipping prices include packaging materials. Insurance may be available for an additional charge. Unless you live on the West Coast, we strongly discourage you from selecting “Ground Service” as your shipping method. During the winter and summer months, weather conditions and longer delivery times can often result in the spoilage of your order. Please note that when your wine order is picked up by the common carrier for delivery, the wine becomes your responsibility. Winery is not responsible for, and will not replace wine that is damaged by, extreme weather conditions during shipment.
Please note that current laws prohibit Winery from shipping wine to certain states. Due to changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. If a buyer lives in a state where the direct shipment of wine by Winery may violate the law, we will contact the buyer to discuss shipping options, which options may include provision of an alternative shipping address in a state where the direct shipment of wines to consumers is permitted or storage of the wines at an acceptable third-party storage facility.
Winery will notify you by email when your wines are ready to be shipped. Please be aware that your order may be delayed until ideal weather and shipping conditions arise to protect your wines. An adult signature will be required for delivery of alcoholic beverages. To ensure prompt and successful deliveries of your wines, please ensure that an adult (21 years of age or older) will be present and available to sign for your shipment. Winery will not be held responsible for any shipment delays (or wine damaged as a result of such delays) caused by erroneous information provided by the customer at the time of ordering or caused by the failure of an adult to be present for signature at the time the wines are delivered.
Please contact us at firstname.lastname@example.org with any questions or concerns you may have regarding our shipping policies.
All wine sold on the Site shall be subject to state and local sales taxes which are applicable based on the delivery address provided by buyer. The applicable sales taxes shall be indicated at check out and applied at the time of sale.
License and Site Access
Winery grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Winery This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Winery. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Winery without express written consent. You may not use any meta tags or any other “hidden text” utilizing Winery’s name or trademarks without the express written consent of Winery. Any unauthorized use terminates the permission or license granted by Winery. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Winery so long as the link does not portray Winery or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Winery’s logo or other proprietary graphic or trademark as part of the link without express written permission.
Social Media Rules
Winery enjoys engaging with our customers via our Social Media Sites, but you must adhere to the below rules whenever you post on Winery’s Social Media Sites. You must be 21 or over to visit or post on Winery’s Social Media Sites and any communications regarding Winery products must not encourage or depict excessive consumption, underage drinking or misuse of our alcohol products. Winery reserves the right (but not the obligation) to remove any posts or content for any reason, including those that violate the below rules or that Winery deems offensive, inappropriate or unacceptable in its sole discretion, but we do not regularly review posted content. Winery takes no responsibility for any content posted by you or any third party.
- Respect Others. Do not post any content that is derogatory, disparaging, promotes bigotry, is abusive or threatening, vulgar or obscene. Treat others fairly and with respect. Nudity and sexually explicit content is not permitted.
- Follow the Law. Illegal activity or discussions encouraging illegal activity will not be tolerated.
- Don’t Infringe. Do not use images or other items unless you have the right to – this means, don’t post photos, images, logos, songs, text or other content that you don’t own or have the right to use.
- Respect Privacy. Do not post or solicit anyone’s name, phone number, address, email address or other personal information. Don’t spam or transmit junk mail.
- 21+ Only. Do not post photos of, or otherwise feature or reference, any individual under the age of 21.
Disclaimer of Warranties
ALTHOUGH WINERY ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THIS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITE. WINERY DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. WINERY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE _SITE. THE SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL FAIRST CREATURE WINERY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINERY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Fairest Creature Winery does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible advertising of our products.
By using this website, you agree to be bound by the Terms and Conditions above. If you have any questions about these Terms and Conditions, please contact us at email@example.com.